In a historic vote the people of Michigan have chosen to make marijuana legal for recreational use.
What is Allowed
Those 21 and up can have up to 2.5 ounces of weed on them. They can have up to 10 ounces at home (must be locked up). People may grow up to 12 plants at home for personal use.
What isn’t Allowed
Lighting up in public will still be against the law. Importantly, driving under the influence of marijuana is still against the law. However, this is a change from the current law which prohibits driving with any amount of marijuana in a person’s system. A person is under the influence when their driving is significantly affected by marijuana.
The state will create rules regulating the legal pot industry. Don’t expect that to happen overnight. The state struggled to come out with rules for the medical marijuana industry. The licensing deadline was pushed back several times so the state could establish rules. Nevertheless, those rules can provide the backbone of the legal pot industry moving forward.
Eventually, there will be retail outlets for marijuana. Municipalities will be able to choose whether marijuana businesses can operate in their individual communities.
Expungements for Marijuana Convictions?
Many people have called me already asking about expungements for their old marijuana convictions. At least one Michigan lawmaker has introduced a bill that would enable judges to expunge misdemeanor marijuana convictions.
The bill has not gotten too far yet so the details and mechanics remain to be seen. Several other states that have legalized marijuana have passed laws allowing for expungements of marijuana offenses. Stay tuned for updates.
Sam Bernstein is a Criminal Defense Attorney in Ann Arbor.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.